Asset Tracing & Recovery Forum

Date: 23 November 2016

Location: London, UK

In a 2015 decision (Chevron), the Supreme Court of Canada court moved away from the 2012 UK Supreme Court decision in Rubin, and the 2014 Saad Investment Privy Council decision, towards “generous and liberal” recognition of foreign judgments.

It means a judgment creditor under any judgment issued by a court anywhere in the world, can seek recognition of and enforcement of the judgment in Canada, whether or not Canada has any connection with the dispute or its parties, whether or not the judgment debtor has any assets in Canada at the time of the application, and whether or not the judgment debtor appeared in the proceedings.